Side-swipe accidents occur when two vehicles traveling in the same or opposite directions make contact along their sides, often due to one driver changing lanes or drifting out of their lane. These accidents can lead to serious injuries, especially if the vehicles are traveling at high speeds. If you’ve been involved in a side-swipe accident in New York, understanding the legal complexities involved is crucial to protecting your rights.
Who Is at Fault in a Side-Swipe Accident?
Determining fault in a side-swipe accident is often more complicated than in other types of collisions. Several factors can contribute to liability:
- Lane Change Violations: If one driver changed lanes without signaling, failed to check their blind spot, or did not yield to another vehicle, they may be found at fault for the accident.
- Driving Too Close: If a driver was following another vehicle too closely (tailgating), they may be responsible for the crash, especially if the other vehicle made a slight movement and they failed to react in time.
- Distracted or Impaired Driving: Drivers who are distracted (e.g., texting or using a mobile phone) or under the influence of drugs or alcohol may be held liable for causing the side-swipe accident.
- Road Conditions: Sometimes, poor road conditions or unclear lane markings can contribute to a side-swipe accident. In these cases, local municipalities or agencies responsible for road maintenance may share some liability.
- Weather Conditions: Inclement weather, such as heavy rain, snow, or fog, can reduce visibility and make driving more dangerous. If weather conditions were a factor, it may influence the court’s determination of fault, but drivers are still expected to adjust their driving to the conditions.
Proving Fault in a Side-Swipe Accident
Unlike rear-end or head-on collisions, side-swipe accidents often require more evidence to prove liability. To build a strong case, your attorney may gather the following:
Police Reports: Police officers will often document the accident scene and any statements made by drivers or witnesses. This report can be crucial in determining fault.
Eyewitness Testimony: Witnesses to the accident, including other drivers or pedestrians, may help clarify what happened and who was at fault.
Traffic Camera Footage: In some cases, traffic cameras or nearby surveillance footage may provide a clear picture of the events leading to the accident.
Accident Reconstruction: Expert reconstructionists can analyze the crash scene and vehicle damage to help establish the sequence of events.
Injuries in Side-Swipe Accidents
Although side-swipe accidents might seem less severe than other types of crashes, they can still result in serious injuries, especially if the vehicles are traveling at high speeds. Common injuries include:
- Whiplash and Neck Injuries: Sudden lateral movement can strain the neck and back, leading to whiplash, herniated discs, or other spinal injuries.
- Head and Brain Injuries: Even in a side-swipe, the force of the collision can cause head injuries, such as concussions or traumatic brain injuries (TBI).
- Fractures: The impact from a side-swipe can cause broken bones, especially if the driver or passengers are thrown into the car’s door or the vehicle’s interior.
- Soft Tissue Injuries: Muscles, ligaments, and tendons can be damaged in a side-swipe, leading to pain, swelling, and long-term discomfort.
How a Personal Injury Attorney Can Help
Given the complexities of determining fault and gathering evidence in side-swipe accident cases, working with an experienced New York personal injury lawyer is essential. A lawyer can:
- Investigate the Accident: Your attorney will gather and analyze evidence, such as police reports, witness statements, and expert testimony, to determine who is at fault.
- Negotiate with Insurance Companies: Insurance companies may try to minimize your compensation. A lawyer will work to ensure you receive fair compensation for your injuries.
- File a Lawsuit: If necessary, your attorney will help you file a lawsuit against the at-fault party to seek damages for your injuries, medical expenses, and pain and suffering.
Why Choose Us?
If you’ve been injured in a side-swipe car accident, our team of experienced New York personal injury attorneys can help you navigate the complex legal process. We understand how to investigate and build a case around side-swipe accidents and will fight to get you the compensation you deserve.
Contact us today for a free consultation, and let us help you take the next step toward recovery.
Get Legal Help Today: Contact Our Law Firm for a Free Consultation
If you’ve been injured in a bus or taxi accident in New York, it’s important to consult with a knowledgeable personal injury attorney as soon as possible. The laws surrounding these types of accidents can be complexReach out today for a free consultation to discuss your case and learn more about how we can help you navigate the legal complexities of vehicle and traffic law.